What is an uncontested Divorce?

An uncontested divorce is a dissolution of marriage or divorce action in which all issues are agreed upon and submitted to the Court for approval and the entry of a final judgment dissolving the marriage. The primary difference between a contested divorce and an uncontested divorce is that in an uncontested divorce, the parties are able to agree on all the terms of their divorce. Once the terms are agreed upon, the parties enter into a Marital Settlement Agreement (the "MSA"), which is a written and signed agreement memorializing the settlement of all applicable issues, such as the parenting plan and time-sharing schedule, division of assets and liabilities (equitable distributiuon), alimony, child support, and attorney's fees.

How does an uncontested divorce work?

Initially, we gather information from you which enables us to prepare the initial draft MSA. Once the initial draft proposed MSA is complete, we send it to you for your review and approval and make any revisions that you may desire. Once the MSA meets with your approval, there are two different options:

We can formally send the proposed MSA and related paperwork to your spouse via United States Mail or email with a letter asking them, to review proposed MSA and advise us as to whether they are willing to sign the proposed MSA; or

You can sit down with your spouse and have an informal conversation where you will attempt to go through the proposed MSA and discuss issues that we recommend to you based upon your circumstances.

If you and your spouse are in agreement, then you will both sign the MSA in the presence of a notary public. We will then file your Uncontested Petition for Dissolution of Marriage, the Marital Settlement Agreement, all other related/necessary documents. Once you are assigned to a judge, we will schedule the uncontested final hearing, which is a brief hearing before the Court to finalize your divorce.

What are the benefits of an uncontested divorce?

An uncontested divorce is often preferred by post parties, as it costs substantially less money in attorney's fees, is typically less stressful, usually involves only one brief court appearance, and the matter moves much more quickly to conclusion.

How long does the process take?

While there are always exceptions, uncontested divorces typically take 45-90 days from the date we begin work on the matter until divorce is finalized. The primary factors involved are:

Whether or not you and your spouse are able to reach an amicable agreement and how long that process takes; and

Which judge you are assigned to and how frequently he or she has dates and times set aside for uncontested final hearings.

Uncontested Divorce Consultations

We welcome the opportunity to help you and solve your divorce or family law problem. Please contact our office at (813) 251-6222 today to schedule a consultation.